CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Security
Which statement about the liability of an 'intermediary' under the IT Act, 2000 is correct?
An intermediary enjoys safe harbour for third-party content if it only provides access, does not initiate or modify transmissions, and follows due diligence. The protection is lost if it abets the unlawful act or does not remove content after actual knowledge or a government notice.
- AAn intermediary is always liable for every third-party content hosted on its platform
- BAn intermediary may be exempt from liability for third-party content if it merely provides access, does not initiate or modify the transmission, and observes due diligence, losing the exemption on failing to act after actual knowledge or government noticeCorrect
- CAn intermediary is exempt from liability even if it conspires or abets the unlawful act
- DOnly the Central Government can be an intermediary
Explanation
The safe harbour under Section 79 protects intermediaries that act as passive conduits and observe due diligence. It is lost if the intermediary conspires, abets or induces the unlawful act, or fails to remove the content expeditiously after actual knowledge or a government notification. Blanket liability or blanket immunity is wrong.
Did you get it right without looking?
One question tells you little. A timed set on Cyber Security shows your real accuracy, how long you take and where you lose marks.
More Cyber Security questions
- An internal auditor reviews a firm's security programme. The firm has a written information security policy, a vulnerability scanner, and an…
- Meera, a company secretary, wants to produce an email printout as evidence in an Indian court. Under the Indian law on electronic records as…
- Ravi receives an email that appears to come from his bank, asking him to click a link and enter his net-banking password to avoid account su…
- In the CIA triad used to describe the objectives of cyber security, what does the 'Integrity' element primarily protect against?
- In a forensic investigation, the term 'chain of custody' refers to which of the following?
- Under the Information Technology Act, 2000, which authority serves as the national agency for performing functions in the area of cyber secu…